Plaintiff was diagnosed with mesothelioma in 2010. He filed an action alleging he was exposed to asbestos when he worked at a Goodyear plant from 1968 until 1979, and died while the action was pending. The personal injury action was converted to a survival and wrongful death action. Defendant is a manufacturer of insulation. Defendant […]
Defendants Took Drunk Friend To The Edge Of A Cliff, And Then Didn’t Call For Help When He Fell.
Plaintiff was severely injured from a fall from the edge of a cliff above the Sacramento River in Redding. Although he cannot recall how or why he fell, he sued his two companions, asserting causes of action for assault and battery, negligence, willful misconduct, and intentional infliction of emotional distress. He claims that defendants put him […]
Court Erred In Granting Summary Adjudication On Liability Alone.
After several years, one party to a contract decided it became economically infeasible to continue supplying its product at the contract price. When negotiations to resolve the issue failed, the other party filed suit and then moved for summary adjudication on the issue of liability for breach of contract, but not on the issue of […]
Component Parts Doctrine Found Inapplicable.
Defendant company supplies sand for sandblasting to plaintiff’s employer. Plaintiff brought an action against defendant, alleging injury resulting from airborne toxins. Under the component parts doctrine, which states the manufacturer of a component part is not liable for injuries caused by the finished product, the trial court granted summary judgment in favor of defendant. The […]
Employee’s Evidence That Failure To Perform Job Task Was Not Important — Is Rejected.
Plaintiff was terminated after failing to perform an important annual report for three years in a row. In the ensuing wrongful termination action, the employer moved for summary judgment, and plaintiff produced expert evidence that the failure to perform the important job function did not harm the employer. The trial court granted summary judgment. The […]
Health Care Provider Not Liable For Release Of Non-Medical Information.
A computer was stolen from a medical center in 2011, containing an index dating back to the 1980s of over 500,000 persons’ names, medical record numbers, ages, dates of birth, and the last four digits of their Social Security numbers. The medical center informed those individuals of the theft. A few of the persons named […]
Litigation Privilege Protects Lab From Erroneous Paternity Results.
A laboratory conducted DNA paternity testing for a county as part of a paternity proceeding in superior court against a man who is a plaintiff in the instant civil action for negligence against the lab. The results were wrong, and unknown to the family for years. The superior court dismissed the lawsuit against the lab […]
Lack Of Legal Duty Not Fatal To Plaintiff’s’ Claim.
Prior to and during a woman’s pregnancy, the baby’s father worked as an engineer for defendant. The baby was born with a number of birth defects, allegedly caused by the father’s exposure to toxic chemicals at defendant’s facility. The trial court granted summary judgment to defendant on plaintiffs’ claims on the ground defendant owed no legal […]
Res Judicata / Claims Preclusion Inapplicable.
In 2005, plaintiff sued defendant in federal court for patent infringement, and the action was settled in 2007. In 2008, plaintiff sued defendant for breach of settlement agreement, once again in federal court. In 2010, plaintiff brought an action against defendant in state court, contending fraudulent transfer of assets in frustration of the settlement agreement. Defendant […]
Summary Judgment Reversed Despite Discovery Responses.
Defendant moved for summary judgment after plaintiff responded to special interrogatories and requests for production by stating they did not know whether any facts or documents supported various allegations of their complaint. In opposing summary judgment, plaintiffs explained the initial discovery responses were “a mistake” in a declaration. The trial court granted the motion for summary […]
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